The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-04

has not said II. Your honor will pro- |
nounce upon II, but until that is done,
no one Is authorized to speak for your |
honor. This plea stands before your
honor on q sworn petition addressed
by defendant to your honor, and that
10, oil there 10 OF 1t. Isd-esg 4
The courPs petition with references
to the grand Jury was, at the courts
suggestion, next taken up, although
counsel insisted that the case at
present hinged solely upon the mo-
ton 10 call in another judge.
~ think q careful examination Of the
Tennessee cases will convince your
honor that you must rely upon the
statute and not upon the cases cited,
because the cases cited yesterday
were upon state OF facts entirely
different from those now
| presented. TIE statute pro.
vides that after venire has BEEN
summoned that grand Jury should
DO drawn by q blibdf)lded child, the
evident object being to rebuff any pos
sible tuspicion that they had been
selected by any one person. Now the
question srisee, can your honor ex
cuse q Juror, who Is not sick, not in
competent aud ready to act; II 90, all
the legal machinery provided by the
statu Ia worthless. 1t was never con.
mplated that your honor is author.
I'D to discharge grand Juror who
disbelievee in the guilt Of any person
presented.
Suppose" suggested Judge Da
Bose, "a grand Juror refuses to do his
duly?"
"rhat is q matter" replied Judge
Walker, upon which he must be the
Judge, under your honor's charge and
his own oath. Your honor Is not q
judge OF anything that Is submitted TO
the grand jury. That Is exactly our
position In this case. The duty OF the
court and attorney general ends with
having the testimony furnished to the
grand Jury and charge them az to the
law and there II ends. Your honor
has no moro TO do with them and eau.
not control their opinions. Tne ques-
ton IL, can your honor discharge
grand Jury because they fail to IN.
dict7' The court admitted that 1t
could not. "Thep," said Judge Walk.
or, shat is exactly the state OF facts
presented by this plea" In answer
TO the point that the court has the
power 10 control the grand jury, We
ipsist that the power 10 limited, and
does not include the power to cre ate.
II would star,le any lawyer out OF his
senses. II II could get Judgment In
bis mind that the court Can control
the substance Of q verdict or an in
dictment, as suggested by counsel on
the other side.
Judge Walker then continued: I'll
your honor sits upon this case, you
must cit through all lie various stsRes
down 10 the hearing OF q motion for
new trial, and the deien liant AYERS
that your honor has q settled en-.
viction as 10 his guilt, and that you
are disqual fied 10 sit, and We sp peal
TO your honor 10 ask younelf whether
you can diyest yourself Of such COZ.
vicliop, 20 to try the Gaze impar;ially
: IAxss Up ny THE COURT.
At the conclusion OF the argument
, Of Judge Walker, the court asked tn,
sheriff TO hand mp this papers, and II
disposing Of the motion said; II be
!, lisye the motion here ir, on behalf o
, the defendant, that the judge shall 90
/, ltct some other Judge 10 proceed In th,
. trial Of this case3 Am I correct abou
THAR 80
Gen. wright-Yes, sir.
,. The Court-Then .hs motion OF th,
State 10 to strike out that motion, o
dismiss that motionf
Judge Walker-I understood then
. 10 Withdraw that motion. That is
, they made that motion under mifap
/ prehension. The clerk Endorsed th,
motion as q plea by mistake; ap,
they supposed Il was q plea and move'
. 10 strike Il out, or something OF tina
, tort. Bot i understood the sttorne.
, 20 ieral TO say yesterday, when the.
= disc ivered the mistake, that the mo
ton was Withdrawn
Attorney Gsneral-Yes, sir. Tn
. motion IL wthdrawp.
The Oourt-Mr. Clerk, you can en-
ter up an order of this court dismiss
Ing this motion. Now as TO the othe
4 matters that you have In here. Yoi
!. have toms pleas that you have not a.
/. gutd; bu' / have looked at them al,
|. considered them. don't know tina
= Know wat these pleas, each one q
a then ara.
= Gea. Might've have not argue
: these plea, NAV Il please your homo
The Cou't-You intend 20 argu
. them. Maybe the court does not a,
= sire 10 hear any argument. Msyb
: You will be satisfied with the ruling {
: the court vhsn you hear IL. Do N
. pleas embrace more than one subject
T. Gen. Wright-Will your honor pei
a NIT me 10 STATE what they sre3
|. The Court-Yee, sir.
, Gen. wnsht-The hrst plea IL
= don't know that I can state them |
= their order } The first one, No. I, 10
/, the effect that the last two pertons pI
4 upon the grand jury, 10 wit: ]
y Nolan and N 3. Grant, heard no ey
=, dsnce before finding true bills Of II
a dictmeut; found true bills witho'
!. evidences.
I" The Oourt-That 10 the last plea.
"A Gen. Wright-Tnat Ia the hrst pie
a The Court-What do you move
- thstf
~ Gen. wrght-ws ask that the 4
. dictment be qus.hed.
- The Oourl-what Indictment
~ thstf
~ Gen. wisht-That spplies 10 on
- one Indictment, out by agreement
!. the attorney general thsy are 10 be .
y. plicable n all
~ The Court-All indictments foul
at tat term OF the oounf
IN Gen. wrlsht-Ye cir; they We
"A all found the same day-tl
y. last day Of the term. Now
,st 10 one Of these indictments ,
h. do not make the plea.
n. The Oourt-What Indictment
he THAR
"a Gsn. Wight cannot name the
nv except by number. There are elk
40 them. IN, a. 10 Ave OF the six indi,
or ments they bad no scintilla Of prc
ne beiore them, 10 our plea.
IN The Conrt-Ho . about the sixth
~. Gen. Wnght-well, they had
al proof before them, but they had 4,